Searching Content indexed under Employment and HR by Proskauer's ERISA Litigation ordered by Published Date Descending.
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Second Circuit Revives Dismissed ERISA Stock-Drop Suit
The Second Circuit reinstated a claim for breach of fiduciary duty under ERISA brought by participants in IBM's 401(k) plan who suffered losses from their investment in IBM stock.
United States
4 Jan 2019
The ERISA Litigation Newsletter - January 2014
This month we look at part three of our three part series on Class Actions.
United States
22 Jan 2014
The ERISA Litigation Newsletter (December 2013)
This month we look at part two of our three part series on Class Actions. In part two, Robert Rachal, Page Griffin and Madeline Chimento Rea address Wal-Mart's Rule 23(b) principles, including some defenses to plaintiffs' use of "issue" or "hybrid" certifications to limit or circumvent Wal-Mart.
United States
18 Dec 2013
The ERISA Litigation Newsletter (November 2013)
This month we look at part one of our three part series on Class Actions.
United States
25 Nov 2013
The ERISA Litigation Newsletter - October 2013
This month we return to the age-old question – "What makes someone a fiduciary?"
United States
24 Oct 2013
The ERISA Litigation Newsletter - September 2013
Health care issues make the headlines once again in this month's ERISA Litigation Newsletter.
United States
19 Sep 2013
The ERISA Litigation Newsletter
A discussion which addresses ten important issues to consider when drafting and amending a summary plan description.
United States
13 Aug 2013
The ERISA Litigation Newsletter (July 2013)
As Amy Covert and Aaron Feuer discuss the U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the plan document when claims for benefits accrue. The
United States
21 Jul 2013
NYSE And NASDAQ Compensation Committee Adviser Independence Rules Effective July 1, 2013
Publicly traded companies are reminded of the approaching deadline for compliance with certain of the SEC-approved final amendments of the NYSE and Nasdaq stock exchange listing rules governing compensation committee independence.
United States
3 Jun 2013
Fifth Circuit Remands For Determination Of Whether Surcharge Is Appropriate
In Gearlds v. Entergy Servs., Inc., 2013 WL 610543 (5th Cir. Feb. 19, 2013), the Fifth Circuit held in light of CIGNA Corp. v. Amara that plaintiff pled a plausible claim for relief for losses.
United States
5 Apr 2013
Still No EEOC Guidance On Permissible Wellness Program Incentives
Despite the clear support for employers’ continued and expansive use of wellness programs as a means of promoting health and preventing disease expressed in the Affordable Care Act.
United States
3 Apr 2013
The ERISA Litigation Newsletter - March 2013
This month Michael Spencer addresses the First Circuit's decision in Colby v. Union Sec. Ins. Co., which held that a risk of relapsing into drug addition can constitute a current disability, absent unambiguous plan language.
United States
18 Mar 2013
The ERISA Litigation Newsletter- December 2012
In this month's edition we explore the arguments asserted by the parties in US Airways v. McCutchen as to whether, and under what circumstances, plans may enforce provisions entitling them to reimbursement of previously paid medical benefits where the participant obtains a recovery from another source.
United States
28 Dec 2012
The ERISA Litigation Newsletter - October 2012
We follow-up on an article from our July 2011 newsletter, analyzing the U.S. Supreme Court decision in AT&T Mobility v. Concepcion, and the complex issues involved in whether and when arbitration may apply to ERISA claims and whether an employer or fiduciary may wish to require arbitration.
United States
16 Oct 2012
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